Landlord-Tenant Laws by State: Deposits, Evictions, Notices

How security deposit laws by state differ

Deposit rules come down to four questions, and states answer each of them differently.

How much you can charge. Twenty-one states set no statutory cap, including Texas, Florida, Ohio, Illinois (outside suburban Cook County, which caps at 1.5 months) and Washington. Most of the rest cap the deposit at one to two months’ rent. California and Maryland both cut their caps to one month in 2024, though California keeps a two-month limit for small landlords who own no more than two properties with four units total. Nevada allows three months.

How fast you must return it. Thirty days is the norm in 25 states. The fastest are 14 days (Alaska, Arizona, Hawaii, Nebraska, New York, South Dakota and Vermont) and Florida’s 15 days when you make no claim. The slowest are 45 days (six states, including Illinois, Maryland and Virginia) and 60 days in Alabama, Arkansas and West Virginia.

Whether you owe interest. Seven states require interest as a general rule, and Massachusetts is among the strictest: 5% a year (or the bank’s actual rate if lower), with the deposit held in a separate Massachusetts bank account. Several more require interest only for larger buildings or longer tenancies.

What happens if you get it wrong. Penalties are steep. Many states charge twice the amount wrongly withheld. Maryland allows up to three times plus attorney fees, Texas allows $100 plus three times the amount in bad-faith cases, and in New York, missing the 14-day itemized statement means you lose the right to keep any of the deposit.

Notice periods follow the same pattern

Before you can file for eviction over unpaid rent, most states require a written notice that gives the tenant time to pay or leave. Seventeen states use 3 days, including California, Florida, Texas, Ohio and Georgia. Seven states require 14 days: Massachusetts, Minnesota, New York, Tennessee, Vermont, Virginia and Washington. Missouri, New Jersey and West Virginia require no pre-filing notice for nonpayment at all.

Ending a month-to-month tenancy without cause usually takes 30 days’ notice, but the range runs from 7 days in North Carolina to 60 days in Delaware, Georgia, Maryland and Vermont. Entry notice is often 24 hours, though Wisconsin requires 12 hours, Vermont 48, and Virginia 72 hours for routine maintenance the tenant didn’t request. Many states set no entry period at all and leave it to the lease.

Eviction works the same basic way everywhere

You need a court order to remove a tenant. Changing the locks, removing doors or shutting off utilities to force someone out is illegal in nearly every state and can make you liable for damages. The steps are the same in outline: serve the right notice, file in the local court, attend the hearing, and if you win, have a sheriff or marshal carry out the order. What changes by state is the notice period, the filing fee and how long each stage takes. Small details sink cases, so serve the notice exactly as the statute describes.

Rent control is rarer than people think

Only a few states cap rent increases statewide. Oregon caps annual increases at 7% plus inflation, up to 10% (9.5% for 2026). Washington’s cap is the lesser of 7% plus inflation or 10% (9.683% for 2026). California’s AB 1482 caps increases at 5% plus regional inflation, up to 10%, but exempts many single-family homes and condos owned by individuals if the lease includes the exemption notice. New York’s Good Cause law applies in New York City and towns that opt in, with an exemption for small landlords.

At least 18 states go the other way and bar cities from passing rent control. Where local rules are allowed, they matter: New Jersey has more than 100 towns with local rent control, and Chicago and Cook County set their own late fee limits.

Where to start

If you’re about to sign a lease, check three things for your state first: the deposit cap, the late fee limit and the entry notice. Then save the return deadline somewhere you’ll see it the day the tenant leaves. Our 17 state guides cover each of these in detail, with the statute behind every number.

This page is general information, not legal advice. Laws change, cities add their own rules, and the statute is the final word. For a dispute or an eviction, talk to a local landlord-tenant attorney or your court’s self-help center.